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MCCONVILLE v. STATE FARM MUT. AUTO. INS. CO.

15 Wis.2d 374 (1962)

McCONVILLE, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

January 15, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Frank E. Huettner of Cadott.

For the respondents there was a brief by Stafford, Pfiffner & Stafford of Chippewa Falls, and oral argument by Robert F. Pfiffner.

FAIRCHILD, J.

The verdict in the instant case was rendered December 2, 1960. No objection was made to the submission of the issue of assumption of risk. On January 10, 1961, our decision and concurring opinions were announced in Baird v. Cornelius.1 Two justices stated that acts of implied acquiescence of an automobile guest in the negligent acts of the host-driver, which evince a disregard by the guest for his safety, constitute...

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